Terms of Service
Acceptance of Terms.
READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING TO USE THE SERVICES DESCRIBED
BELOW. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU MAY NOT BECOME A
MEMBER OF THE WEBSITE, ACCESS OR OTHERWISE USE THE SERVICES. YOUR CLICKING ON
THE BUTTON MARKED I AGREE AND YOUR CONTINUED USE OF THE SERVICES INDICATES
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPT THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN MOZIE AND
MEMBER, AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS,
REPRESENTATIONS, WARRANTIES, AND UNDERSTANDINGS, ORAL OR WRITTEN, BETWEEN MOZIE
AND MEMBER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
The terms and conditions in this agreement (the "Agreement") will govern any
usage by you of Mozies (Mozie) website at www.mozie.com
(the Site) and any services offered thereon (the "Services"). In order to
access any Services, you must first complete Mozies registration process and
must provide true, accurate, current, and complete information as requested by
Mozie (each such registered person being a Member). Mozie grants to each
Member a non-exclusive right during the term of this Agreement to use the
Services pursuant to the terms and conditions set out herein. To be a Member,
you must be at least 18 years old and you must be legally able to enter into
both free and paid online services through an online application suite of tools
that allows Members to upload and manage online photo galleries, build and send
eCards and email campaigns, and build and post webpages. The Member
acknowledges that all content including eCards, email campaigns, and webpages
are created by the Member. On the Site, Mozie does provide Members the use of
royalty free images for such Members use solely in conjunction with the
Services. The Member further acknowledges that Mozie does not rent or sell
email lists. Mozie reserves the right, but is not obligated to, review and
approve any content posted or sent by Members. Mozie retains the right to
cancel and delete any account violating any terms in this agreement. By using
Mozie Services, the Member is giving Mozie permission to copy and/or store
Member content, contact lists and other information. Mozie will not use the
Member content, contact lists or other Member information for any purpose that
acknowledges that Mozie, is not a primary online storage system. Mozie does not
guarantee online media backup as part of its services.
acknowledges that on free services Mozie Inc. provides, Mozie Inc. may include
third party advertisements on Members eCards, photo galleries or any other such
|Use of Information.
|Mozie's use of
personal information provided by Member to Mozie or otherwise collected by
without notice to you, discontinue or revise any or all aspects of the Site in
its sole discretion, including discontinuing, temporarily or permanently, the
Services (or any part thereof). Mozie will not be liable to you or to any third
party for any modification or discontinuance of the Services or removal of
content from the Services. Mozie may, upon notice published over the Site,
modify this Agreement or Fees at any time. Modification of this Agreement will
be deemed effective upon publication on the Site with respect to transactions
occurring after the modification date.
|YOUR ONLY RIGHT
WITH RESPECT TO ANY DISSATISFACTION WITH ANY MODIFICATIONS MADE PURSUANT TO
THIS PROVISION, INCLUDING WITHOUT LIMITATION (i) ANY CHANGE IN THE CONTENT OF
THE SERVICES, OR (ii) ANY CHANGE IN THE AMOUNT OR TYPE OF FEES, IS TO TERMINATE
YOUR MEMBERSHIP BY DELIVERING NOTICE TO MOZIE SUCH NOTICE WILL BE EFFECTIVE
|Members Use of the Services.
|Member agrees to
prepay Mozie for all Services ordered by Member, including all applicable taxes
(collectively, "Fees"). Payment will be made via credit card at the time Member
orders the Service(s).
|You will use the
Services only in accordance with this Agreement. Members right to use the
Services is not transferable and is subject to any limits established by Mozie
or by Members credit card company. You may not access the Services in any
manner other than through the Site. You may not reproduce, sell, resell, lease,
license or transfer any portion of the Services, or your rights to use or
access the Services. If you are using the Services in any country in the
European Community, the prohibition against modifying, translating, reverse
engineering, decompiling, disassembling or creating derivative works based on
the Services or the Software does not affect your rights under any legislation
implementing the E.C. Council Directive on the Legal Protection of Computer
represents, covenants, and warrants as follows:
He/she will use the Services only in compliance with this Agreement, the
federal CAN-SPAM Act of 2003 and all other applicable laws (including but not
limited to policies and laws related to spamming, privacy, obscenity, or
defamation). He/she will not access or otherwise use third-party mailing lists
in connection with preparing or distributing unsolicited email to any third
party. He/she will not make, or attempt to make, any change to the Site or its
interface. He/she will not send unsolicited bulk email, for commercial or
non-commercial purposes. Unsolicited bulk email is defined as email sent to
more than 10 individuals without their permission. [See Mozie
Anti-Spam policy.] He/she will only upload permission based e-mail
lists that Member has been granted permission to use by each email recipient
included on such list. He/she will not send, submit, or publish, or send
content that contains links to web pages or sites that contain, any sexually
explicit images or material that is otherwise offensive; including, without
limitation, expressions of bigotry, racism, hatred, or profanity or any other
images or material deemed by Mozie to be offensive. He/she will not send,
submit or publish any defamatory, inaccurate, abusive, obscene, profane, or
threatening material which is racially or ethnically offensive or which
infringes upon the right of any third party, as determined by Mozie. He/she
will not impersonate any person, or communicate under a false name or a name
that the User is not entitled or authorized to use. He/she will not send
content that promotes or provides instructional information about illegal
activities, or promoting physical harm or injury against any group or
individual. He/she will not send content that contains links to web pages that
contains illegal software, serial numbers for unlocking software, mail fraud,
pyramid schemes or is otherwise illegal. He/she agrees to not post material
that constitutes a raffle, sweepstakes, lottery, or any other form of gambling.
He/she agrees not to directly or indirectly reverse engineer, decompile,
disassemble, or otherwise attempt to discover source code, object code, or
underlying structure, ideas, or algorithms of, or found at or through the
Services of any software, documentation, or data related to the Services.
He/she agrees not to modify, translate, or create derivative works based on the
Services or any software, or copy, distribute, pledge, assign, or otherwise
transfer or encumber rights to the Services or any software. The Services shall
be used for the Members own purposes only.
|Member will be
solely and entirely responsible for any and all text, information and material,
whether written or in audio or visual form, including but not limited to, ads,
pictures, catalogs, video clips, or other information that you post, upload or
otherwise make available by means of the Services as provided by Mozie. Mozie
disclaims any and all responsibility and liability resulting from the posting,
use or availability of all Member content. Mozie does not monitor Member
content which you make available by means of the Services. Mozie reserves the
right, in its sole discretion, to immediately remove any Member content from
the Site for any reason whatsoever. Member will be notified of any such
removal. Member warrants that he/she owns or has a valid and sufficient license
to use and provide the Member content and all portions thereof and any and all
other materials that he/she provides to Mozie under this Agreement.
committed to protecting copyrights and it expects you to do the same. Each
person submitting or otherwise utilizing an image is required by US law to own
the right to, or to obtain the permission to, use such image before it is
uploaded or otherwise utilized on the Site or in conjunction with any Service.
At Mozies discretion. Mozie may terminate the accounts of Members, or prevent
access to the Service by members, who infringe the copyright or other
intellectual property rights of others. If you believe that your copyright or
other intellectual property has been copied, infringed upon, or otherwise
misused in any way, please contact us at the following address and provide all
5348 Vegas Dr.
Las Vegas, NV 89108
|All of the
information, content, and materials Mozie offers is protected by copyright and
other applicable laws. You may not copy or distribute such material without the
owners prior written consent. You may use these materials only subject to the
terms of this Agreement, provided that you do not modify any of such materials
or remove any copyright or other proprietary rights notices contained in or on
|All right, title
and interest in and to the Site and the Services is and will remain the
exclusive property of Mozie and its licensors. The Site and the Services are
protected by applicable intellectual property laws. You may not copy any part
of this Site, and Service or any underlying code.
|You hereby grant
to Mozie a nonexclusive, worldwide license to use, reproduce and display all
Member content and any and all trademarks, service marks and other proprietary
designations that you provide to Mozie as part of the Member content. Other
than the Member Content which is owned by Member, Mozie owns and retains all
right, title and interest (including all intellectual property rights and
proprietary rights therein) in and to the Site.
will remain in effect for as long as Mozie offers to provide the Services,
provided that Member pays to Mozie all then-current applicable charges for the
Services. Either party may terminate this Agreement, with or without cause,
effective upon providing written notice to the other party. Notwithstanding the
foregoing or any other provision of this Agreement, Mozie may immediately
suspend or terminate any or all Services, without notice and without any
liability or obligation to you if Mozie reasonably believes that you are using
the Services in any manner that (a) is illegal or in violation or breach of
this Agreement, (b) threatens Mozies intellectual property rights, (c) could
give rise to liability of Mozie, (d) could cause injury to Mozie business or
reputation, (e) Mozie finds, in its sole discretion, to be distasteful or of an
improper nature for the Services, or (f) is otherwise allowed under this
Agreement. Upon any termination or expiration of this Agreement, Mozie will
immediately cease providing the Services.
|Loss of Data.
immediately deletes any of your archived data when Member opts to delete
membership through the "My Account" screen. If an account is inactive for more
than 180 days and no remaining membership credit remains in the account, Mozie
will delete any archived data within 30 days.
|Failure or Inadequacy of Services.
and exclusive remedy for any failure of the Services shall be for Mozie to use
commercially reasonable efforts to adjust or repair the Services.
|Member agrees to
indemnify, defend and hold harmless Mozie and its business partners,
third-party suppliers and providers, licensors, officers, directors, employees,
distributors and agents against any damages, losses, liabilities, settlements,
and expenses (including without limitation costs and reasonable attorneys'
fees) from and against any and all claims, liabilities, losses, expenses,
damages and costs, including, without limitation, reasonable attorneys fees,
resulting from (i) a violation, or an alleged violation, of the terms of this
Agreement; (ii) the breach, failure or inaccuracy, or alleged breach failure or
inaccuracy, of any Member representation, warranty or covenant made in this
Agreement; or (iii) otherwise arising from or relating to your use of the
Services or any third partys use of your account. In addition, you acknowledge
and agree that Mozie has the right to seek damages when you use the Services
for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent
with the terms of this Agreement, and that such damages may include, without
limitation, direct, indirect, special, incidental, cover, reliance and/or
consequential damages. Although Mozie has no obligation to monitor the content
provided by you or your use of the Services, Mozie may do so and may remove any
such content or prohibit any use of the Services it believes may be (or is
alleged to be) in violation of the foregoing.
|For every email
message sent in connection with the Services, you acknowledge and agree that
the Services may automatically add an identifying footer stating "powered by
Mozie" or a similar message. You agree to cooperate with and provide reasonable
assistance to Mozie in promoting and advertising the Services.
acknowledges that Mozie provides an "unsubscribe feature" on it's e-mail
products. If a recipient selects to unsubscribe, they will automatically be
deemed inactive in Member's contact list. Member may NOT reactivate any
unsubscribed recipient without the written approval of such person to do so.
|Disclaimer of Warranties.
|THE WEBSITE AND
SERVICES ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS, AND MOZIE HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS. MOZIE MAKES NO WARRANTY THAT (i)
THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, (ii) THE WEBSITE AND
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ANY
ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
|Limitation of Liability.
MAXIMUM LIABILITY OF MOZIE TO ANY MEMBER OR OTHER PERSON SUBJECT TO THIS
AGREEMENT AND SUCH PERSONS SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE
WHATSOEVER, ARISING UNDER OR RELATED TO THIS AGREEMENT OR ANY SERVICE, SHALL BE
LIMITED TO THE AMOUNT OF THE FEES PAID BY SUCH PERSON TO MOZIE DURING THE SIX
(6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE EVENT GIVING RISE TO SUCH
|(b) IN NO
EVENT WILL MOZIE AND ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), ARISING UNDER OR RELATED
TO THIS AGREEMENT, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN MOZIE AND MEMBER. THIS WEBSITE AND SERVICES WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS
OF THIS SECTION MAY NOT APPLY TO YOU.
Agreement shall be treated as though it were executed and performed in Las
Vegas, Nevada and shall be governed by and construed in accordance with the
laws of the United States of America and of the State of Nevada (without regard
to conflict of law principles). The language in this Agreement shall be
interpreted in accordance with its fair meaning and not strictly for or against
any party. All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in the federal or state courts located in
Clark County, Nevada, and Member expressly submits to the jurisdiction of said
courts and Member consents to extra-territorial service of process.
any part of this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties and the remaining portions shall remain
in full force and effect. Failure of Mozie to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision. The parties are independent contractors. Nothing
contained in this Agreement is intended or is to be construed to create a
partnership, franchise, joint venture, agency or legal affiliate relationship
between Mozie and you or any relationship other than independent contractors.
may not assign this Agreement or any of your rights or obligations under this
Agreement without Mozie prior written consent. Any attempted assignment in
violation of this Section will be void. This Agreement is binding upon, and
inure to the benefit of, the parties, their successors and permitted assigns.
under this Agreement must be in writing and will be deemed given when delivered
personally, or by email or facsimile (with confirmation of receipt) or by
conventional mail (registered or certified, postage prepaid with return receipt
requested). Notices will be addressed, (a) if to you, at the address provided
by you as part of the online enrollment process and (b) if to Mozie at the
address provided below, but each party may change the address by written notice
in accordance with this paragraph.
5348 Vegas Dr.
Las Vegas, NV 89108
|Last Updated: February 23, 2007